PINNACLE SHARE TERMS AND CONDITIONS

By entering the Pinnacle Share website ("Website"), you agree to be bound by the Pinnacle Share Terms and Conditions ("T's&C's"). These T's&C's apply to your use of the Website and all of the materials, software, products or services provided to you therein.

"Pinnacle" "we" or "our" means Pinnacle Systems GmbH, with its registered office at Frankfurter Str. 3 c, Braunschweig, D-38122, Germany. "Submissions" means any submissions by you or other users of the Website which are uploaded to the Website including videos; pictures and still or moving images with or without audio, including video, music, lyrics, audio, graphics and other as further set out in the clause on Video Sharing "User" "You" or "Your" means the user of the Website

Introduction - The materials ("Materials") contained in Pinnacle Systems, Inc. websites, excluding any of the Submissions, are provided by Pinnacle and may be used for informational purposes only. By downloading any of the Materials contained in the Website, you agree to the terms and provisions as outlined in this legal notice. If you do not agree to them, do not use this site or download Materials or the Submissions.

Software - Use of the software from this site is subject to the software license terms set forth in a Pinnacle Systems, Inc. Software License. The software license agreement is available for review whenever software is downloaded at this site. Pinnacle assumes no responsibility with regard to the selection, performance or use of the software. Pinnacle provides this only as a convenience to our users. Pinnacle has not tested any software found on these sites and makes no representations regarding the quality, safety, or suitability of any software found there. There are dangers inherent in the use of any software found on the Internet, and Pinnacle assumes no responsibility with regard to the performance of use of these products. Make sure that you completely understand the risks before retrieving any software on the Internet.

Third Party Companies And Products - Mention of third-party products, companies and websites on the Website is for informational purposes only and constitutes neither an endorsement nor a recommendation.

Trademark Information - Pinnacle Systems®, Pinnacle Studio™, the "P" logo, the Pinnacle logo, Pinnacle Studio Online Editor™, Pinnacle Share™, names and logos are trademarks of Pinnacle Systems, Inc., registered in the U.S. and other countries. Other Pinnacle product or service names or logos referenced in the Website are either trademarks or registered trademarks of Pinnacle Systems, Inc. The absence of a product or service name or logo from this list does not constitute a waiver of Pinnacle trademark or other intellectual property rights concerning that name or logo. All other products and company names mentioned in the Website may be trademarks of their respective owners.

Ownership Of Materials - The information contained in this site, excluding Submissions, is copyrighted and may not be distributed, modified, reproduced in whole or in part without the prior written permission of Pinnacle. The images from the Website may not be reproduced in any form without the prior advance written consent of Pinnacle.

Video Sharing - On the Website you can edit your Submissions as follows:

a. By using your own video editing software (for example Pinnacle Studio).
b. By downloading a full-featured trial version of Pinnacle Studio. Estimated download time is approximately 30 minutes with an ADSL connection. If you have a large Submission, you are recommended to download the trial version, and for those with smaller Submissions, to use Pinnacle's online tool, Pinnacle Studio Online Editor.
c. By using our Pinnacle's online editing tool. This is a flash based application which requires no download and provides simple editing functions such as trimming, titling, transitions, adding sound, applying simple filters. It is also possible to upload photos and create video slide shows from the photos. Allowed video formats avi, dv, mov, qt, mpeg, mpg, mp4, 3gp, asf, wmv, .flv. Allowed audio formats are mp3, wav, wma. Allowed photo formats are jpg, gif, png. When uploading with the online editing tool the Submissions are immediately converted into flash video and the original Submission file is discarded. The online editing tool is the sole property of Pinnacle and your use of the tool is subject to additional terms of use.

As part of your use of the Website, including your use of the video-sharing capabilities on the Website which is free, it is agreed:

a. Any Submission you publish on the Website must be no longer than 5 minutes in length;
b. Your Submission is subject to a maximum upload size of 100Mb and a project size of 38Mb.
c. You can access and edit your Submissions from the video-sharing part of the site.
d. Pinnacle reserves the right to remove your Submissions from the website without notice and without reason whatsoever.
e. The Website may now or in the future permit other Submissions and the hosting, sharing, and/or publishing of such Submissions. Pinnacle does not guarantee any confidentiality with respect to any submissions. We reserve the right to screen all Submissions prior to uploading to the Website. Generally this will be done within approximately 24 hours. We reserve the right to remove any Submissions at any time in the event of a breach of these T's&C's. We may limit the amount of time we store the Submissions and reserve the right to remove the Submissions from the Website at any time and without notice.
f. Submissions may not contain any inappropriate content (including, without limitation, nudity, defamatory, pornographic, unlawful, discriminatory or vulgar content or language) or else such Submissions will be removed. You agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Pinnacle all of the license rights granted herein.
g. We will not pay you for your Submissions.
h. For every Submission you make, you must have all rights necessary for you to grant the permissions in this section.

Warranty - You will retain all of the ownership rights in the Submission. You represent and warrant that each Submission you make is wholly original and owned by you and is not copied from any other commercial or proprietary source or subject to any third party rights whatsoever. In the event that you have used an image of a person in your Submission, you confirm that you have the written consent, release, and/or permission of each and every identifiable individual person in the Submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submission in the manner contemplated by the Website and these T's&C's. However, in consideration of your use of the Website, you expressly grant and assign to Pinnacle the royalty-free, non-exclusive, sub-licensable, transferable, unlimited, worldwide right to modify, use, reproduce, distribute, electronically publish, and display the Submissions in all media, means, and forms and without any payment to you. You agree that your Submission shall be subject to and governed by the T's&C's. You also hereby grant to each Website user a non-exclusive license to access the Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such Submissions as permitted through the functionality of the Website and under these T's&C's. The foregoing license granted by you terminates once you remove or delete a Submission from the Website. Pinnacle provides the use of the Website to you on an "as-is" and "as available." Pinnacle does not guarantee the accuracy or timeliness of information available from your use of the Website. Pinnacle provides no warranties, either express or implied, regarding your use of the Website.

Indemnity - You agree to indemnify Pinnacle, its directors, officers, employees, agents and any affiliated persons or entities against any legal actions, procedures, damages, costs, responsibilities and expenses (including legal costs and reasonable counsel fees) which could be instituted by any third party for whatever reason and more specifically for counterfeiting, unfair competition, image use rights (persons and properties) or any other intellectual property rights against Pinnacle, its directors, officers, employees, agents and any affiliated persons or entities originating from the Submission and/or elements used in the Submission and triggered by the use of the Submission and/or its elements by Pinnacle and/or its affiliates or partners.

Pinnacle assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, or for any viruses, Trojan Horses, or similar bugs which may be transmitted to or through the Website by any third party, or for theft or destruction or unauthorized access through your use of the Website. Pinnacle is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers of computer equipment, software, failure of any e-mail or entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to you or any other person's computer related to or resulting from participation or downloading any materials from the Website. Pinnacle reserves the right to discontinue the Website at any time.

Warranties and Disclaimers - Pinnacle intends for the information and data contained in the Website to be accurate and reliable, however, since the information and data have been compiled by Pinnacle from a variety of sources, it is provided "AS IS." PINNACLE EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. In no event shall Pinnacle or any of its directors, officers, employees, agents and any affiliated persons or entities be liable for special, incidental, punitive, indirect or consequential damages, or for loss of data or loss of use damages (including without limitation "downtime") and lost profits, revenue or business (whether direct or indirect loss) arising hereunder, or the license or use of the Website, (even if Pinnacle has been advised of the possibility of any such damages) whether such liability arises in contract, negligence or other tort, under any statute or otherwise howsoever arising from or in relation to this agreement. This shall apply to the maximum extent permitted by applicable law.

Disruption - Pinnacle reserves the right in its sole discretion to modify, suspend, terminate or cancel all or any portions of the Website because of technical errors or malfunctions, viruses, hackers, or for other reasons that corrupt or impair the administration or security of the Website in any manner, or for any actual or possible violation of any law, rule or regulation. Pinnacle reserves the right in its sole discretion to disqualify any person who fails to comply with these T's&C's, or who attempts to disrupt the Website.

Copyright Complaint Policy
Pinnacle expects the users of the Website to respect the copyrights of others. It is a violation of our terms and conditions for a user to post material that infringes the copyrights of others.

Pinnacle may, under appropriate circumstances and in accordance with the terms and conditions, terminate the accounts of users who post material that Pinnacle has reason to believe infringes on the copyrights of others.

In accordance with the Digital Millennium Copyright Act ("DMCA") 17 U.S.C. § 512 of the United States of America, Pinnacle has appointed a Designated Agent to receive notification of claimed copyright infringement. If you believe that material on the Site infringes a copyright, you may provide written notice to our Designated Agent containing the following information:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please provide all of the information listed above, or we may not able to process your complaint.

Send your notification of claimed infringement to Pinnacle's Designated Agent for copyright complaints as follows:


ATTN: Legal Department – Copyright Agent
Avid Technology, Inc.
Avid Technology Park
One Park West
Tewksbury, MA 01876
U.S.A.
tel: (978) 640-6789
fax: (978) 851-7216
email: copyright@avid.com

Please note that any information provided under this Complaint Policy, including the original notification and any responses to it, may be shared with others as deemed by Pinnacle necessary or appropriate to process your notification. This constitutes an exception to our Privacy Policy.

Termination - We reserve the right to cancel or suspend your use of the Website at any time without cause and without notice. In the event that the Website is terminated or suspended you may not be able to access the Website and your right to use the Website stops right away.

Links to other Websites - Pinnacle makes no representation whatsoever regarding the content of any other websites which you may access from the Website. When you access a non-Pinnacle website, please note that it is independent from Pinnacle and that Pinnacle has no control over the content on that website. A link to a non-Pinnacle website does not mean that Pinnacle endorses or accepts any responsibility for the content or use of such website.

Assignment - We may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void.

Notices - In the event that a party wishes to provide the other party with notice under these T's&C's, the parties agree to the following:

- Notices to Pinnacle to be sent by registered letter to Legal Department, Pinnacle Systems GmbH, 99 Rue Pierre Semard, Chatillon, 92320 France.
- Notices to you will be sent by email to the email address you provide. If you have any complaints about the validity, appropriateness or rights of a Submission or anything else in the Website please use the online form on the Website.

General - The information contained in the Website is subject to change without notice. Pinnacle is not responsible for typographical or other errors in the offer or administration of the Website. Void where prohibited or otherwise restricted. These T's&C's are governed by the Law of France.